Rajasthan High Court - Jodhpur
Mohammed Liyakat vs State Of Rajasthan on 29 July, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 97/2021
Mohammed Liyakat S/o Shri Mohammed Rajaq, Aged About 37
Years, B/c Kayamkhani Muslim, R/o Kaluram Ki Baori, Soorsagar,
Maliyo Ka Rajbagh, Jodhpur, Presently Of Kumahari Darwaja,
Nagaur. (Confined In Central Jail Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Aziz Khan
For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/07/2021
Heard counsel for the appellant as well as learned Public
Prosecutor.
Upon a consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case including the facts that the appellant is behind the bars
since 09.04.2015 and hearing of the appeal will take sufficient long
time to be concluded, this court is of the opinion that it is a fit case
for suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Special Judge, POCSO
Act Cases, Merta, vide judgment dated 30.04.2019 in Sessions Case
No.33/2018 (211/2016) (39/2015) against the appellant-applicant
Mohammed Liyakat S/o Shri Mohammed Rajaq shall remain
(2 of 2) [SOSA-97/2021]
suspended till final disposal of the aforesaid appeal subject to the
condition that the appellant shall deposit the fine amount as imposed
by the learned trial Court and he will be released on bail, provided he
executes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 31.08.2021 and whenever
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
1. That he/she/they will appear before the trial Court
in the month of January of every year till the appeal
is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to the
trial Court.
4. Appellant shall deposit the fine amount as imposed
by the learned trial court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant(s) was/were tried and convicted. A copy of this order shall
also be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to pendency
and disposal of cases in the trial court. In case the said accused
applicant(s) does not appear before the trial court, the learned trial
Judge shall report the matter to the High Court for cancellation of
bail.
(MANOJ KUMAR GARG),J
44-Ishan/-
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